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Articles 61 - 90 of 137
Full-Text Articles in Law and Gender
Testing The Naalc's Dispute Resolution System: A Case Study , John P. Isa
Testing The Naalc's Dispute Resolution System: A Case Study , John P. Isa
American University Journal of Gender, Social Policy & the Law
No abstract provided.
About The Conference, Journal Of Gender, Social Policy & The Law
About The Conference, Journal Of Gender, Social Policy & The Law
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Legal Doctrine And The Gender Issue In Brazil, Leila Linhares Barsted, Jacqueline Hermann
Legal Doctrine And The Gender Issue In Brazil, Leila Linhares Barsted, Jacqueline Hermann
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Integrating Gender Perspective Into Brazilian Legal Doctrine And Education: Challenges And Possibilities, Flavia Piovesan
Integrating Gender Perspective Into Brazilian Legal Doctrine And Education: Challenges And Possibilities, Flavia Piovesan
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Integrating Gender Into Legal Education: Obstacles And Challenges, Leonor Vain
Integrating Gender Into Legal Education: Obstacles And Challenges, Leonor Vain
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Integrating Gender Into Legal Education: The Obstacles, Challenges, And Possibilities, Marcela Huaita Alegre
Integrating Gender Into Legal Education: The Obstacles, Challenges, And Possibilities, Marcela Huaita Alegre
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Naked Feminism: The Unionization Of The Adult Entertainment Industry, Holly J. Wilmet
Naked Feminism: The Unionization Of The Adult Entertainment Industry, Holly J. Wilmet
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Some Of Them Still Don't Get It: Hostile Work Environment Litigation In The Lower Courts, Eric Schnapper
Some Of Them Still Don't Get It: Hostile Work Environment Litigation In The Lower Courts, Eric Schnapper
Articles
This Article describes how the courts of appeals have decided sexual harassment cases in the five years since Harris v. Forklift Systems, Inc., 510 US 17 (1993). In some circuits, events have unfolded largely as Justice Scalia anticipated: the trier of fact—ordinarily a jury—applies the hostile work environment standard announced in Meritor and elaborated upon in Harris.
The Imminent Demise Of Interspousal Tort Immunity, Carl W. Tobias
The Imminent Demise Of Interspousal Tort Immunity, Carl W. Tobias
Law Faculty Publications
During the decade of the 1980s, I extensively explored the doctrine of interspousal tort immunity in the United States. I examined the origins and development of the concept; how the notion survived intact in every jurisdiction throughout the nation until 1914; the first successful efforts to abolish immunity during the teens; the slow pace of abrogation in the five decades between 1920 and 1970; and the steady decline of the doctrine thereafter. Indeed, only a small number of states in the country still retain any form of interspousal tort immunity, even though some jurisdictions evince concern about certain issues involving …
The Political Economy Of Recognition: Affirmative Action Discourse And Constitutional Equality In Germany And The U.S.A., Kendall Thomas
The Political Economy Of Recognition: Affirmative Action Discourse And Constitutional Equality In Germany And The U.S.A., Kendall Thomas
Faculty Scholarship
This paper undertakes a comparative exploration of affirmative action discourse in German and American constitutional equality law. The first task for such a project is to acknowledge an important threshold dilemma. The difficulty in question derives not so much from dissimilarities between the technical legal structures of German and American affirmative action policy. The problem stems rather from the different social grounds and groupings on which those legal structures have been erected. Because German "positive action"' applies only to women, gender and its cultural meanings have constituted the paradigmatic subject of the policy. The legal discussion of positive action has …
De Facto Parents And The Unfulfilled Promise Of The New Ali Principles, Julie Shapiro
De Facto Parents And The Unfulfilled Promise Of The New Ali Principles, Julie Shapiro
Faculty Articles
Alternative families - those that do not fit the classic nuclear family model - have been the focus of legal reform over the last twenty years. The American Law Institute has produced model legislation recognizing de facto parents as holders of some limited rights. To some this is a more flexible regime that would benefit non-nuclear families, in particular lesbian families. This article critiques the ALI draft, demonstrating that its promise is largely illusory.
A Lesbian-Centered Critique Of Second-Parent Adoptions, Julie Shapiro
A Lesbian-Centered Critique Of Second-Parent Adoptions, Julie Shapiro
Faculty Articles
When lesbian couples start families, one woman often begins with all the legal entitlements of parenthood, either by giving birth or by virtue of adopting a child, while the other woman has no legal rights. She is a non-legal parent. Absent legal rights she suffers many critical disadvantages. Second-parent adoptions have been developed to allow lesbians to create families with two-legal parents. They have been widely hailed as a solution to the problem of the non-legal parent. This article argues, however, that for many women they may actually make matters worse. Because some women can use second-parent adoptions, women who …
The Charleston Policy: Substance Or Abuse?, Kimani Paul-Emile
The Charleston Policy: Substance Or Abuse?, Kimani Paul-Emile
Michigan Journal of Race and Law
In 1989, the Medical University of South Carolina (MUSC) adopted a policy that, according to subjective criteria, singled out for drug testing, certain women who sought prenatal care and childbirth services would be tested for prohibited substances. Women who tested positive were arrested, incarcerated and prosecuted for crimes ranging from misdemeanor substance possession to felony substance distribution to a minor. In this Article, the Author argues that by intentionally targeting indigent Black women for prosecution, the MUSC Policy continued the United States legacy of their systematic oppression and resulted in the criminalizing of Black Motherhood.
Maternal-Fetal Conflicts, The Social Construction Of Maternal Deviance, And Some Thoughts About Love And Justice, April L. Cherry
Maternal-Fetal Conflicts, The Social Construction Of Maternal Deviance, And Some Thoughts About Love And Justice, April L. Cherry
Law Faculty Articles and Essays
FIRST PARAGRAPH: In the short amount of time that we have together today, I would like to accomplish three tasks. First, I would like to offer a brief overview of what and whom we are talking about when we talk about "maternal-fetal conflicts." Second, I would like to discuss some of the assumptions that are held about the women involved in these "conflicts," with the hope that giving voice to these assumptions might help us better understand why we may be willing to accept the coerced medical treatment of pregnant women, or legal sanctions against pregnant women who refuse treatment …
Shaping Regional Economies To Sustain Quality Work: The Cooperative Health Care Network, Peter R. Pitegoff
Shaping Regional Economies To Sustain Quality Work: The Cooperative Health Care Network, Peter R. Pitegoff
Faculty Publications
This chapter chronicles a creative response to social retrenchment, a saga of strategic deployment of accessible resources and a reshaping of regional economic forces for the benefit of targeted labor markets. While charting its own course, CHCB is part of a mutually supportive network of health care employers and trainers, including successful home care companies in Philadelphia and the South Bronx. Together, these three corporations form the core of the Cooperative Health Care Network and employ over 500 home health aides. About 80 percent of the employees were formerly dependent on public assistance. The network [network] experience and their applicability …
Sexual Harassment In The Military: Time For A Change Of Forum , Michael I. Spak, Jonathan P. Tomes
Sexual Harassment In The Military: Time For A Change Of Forum , Michael I. Spak, Jonathan P. Tomes
Cleveland State Law Review
This article will review the current status of sexual harassment in the military, discuss why courts-martial are ineffective in punishing and deterring sexual harassment, and suggest that permitting sexual harassment claims in a forum other than the military justice system would help deter future sexual harassment in the military at no greater cost to military discipline and preparedness than is inherent in the current system.
Constitutional Law—Abstention And Abortion: Application Of The Undue Burden Standard To "Certificate Of Need" Regulations. Planned Parenthood Of Greater Iowa, Inc. V. Atchison, 126 F.3d 1042 (8th Cir. 1997)., Robert Smith
University of Arkansas at Little Rock Law Review
No abstract provided.
Beyond The Rhetoric Of Dirty Laundry: Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren L. Hutchinson
Beyond The Rhetoric Of Dirty Laundry: Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren L. Hutchinson
Faculty Articles
Several historical reasons explain opposition to the airing of internal criticism by scholars and activists within progressive social movements and by members of subordinate communities. Opponents often contend that such criticism might reinforce negative stereotypes of subordinate individuals and that reactionary movements and activists might appropriate and misuse negative portrayals of the oppressed. A related fear holds that internal criticism will dismantle political unity within oppressed communities and progressive social movements, thereby forestalling social change. While these concerns provide some context for understanding the resistance to internal criticism within progressive social movements, I argue in this essay that they do …
Gay Rights For Gay Whites: Race, Sexual Identity, And Equal Protection Discourse, Darren L. Hutchinson
Gay Rights For Gay Whites: Race, Sexual Identity, And Equal Protection Discourse, Darren L. Hutchinson
Faculty Articles
My argument proceeds in four parts. Part I situates my discussion of the synergistic relationship among race, class, gender, and sexuality within a broader body of research on the "intersectionality'' of systems of oppression and of identity categories. Part I then examines how my scholarship attempts to advance this literature both substantively and conceptually. Part II expounds my claim that the comparative and essentialist treatment of race and sexuality within pro-gay and lesbian theory and politics marginalizes gay, lesbian, bisexual, and transgendered persons of color and constructs and reinforces the notion that the gay and lesbian community is uniformly white …
Implementing Antiessentialism: How Gender Wars Turn Into Race And Class Conflict, Joan C. Williams
Implementing Antiessentialism: How Gender Wars Turn Into Race And Class Conflict, Joan C. Williams
Faculty Scholarship
No abstract provided.
Testimony, Antoinette M. Sedillo Lopez
Introduction: Latcrit Theory: Mapping It's Intellectual And Political Foundations And Future Self-Critical Directions, Margaret E. Montoya
Introduction: Latcrit Theory: Mapping It's Intellectual And Political Foundations And Future Self-Critical Directions, Margaret E. Montoya
Faculty Scholarship
The third annual gathering of LatCrit scholars has resulted in this cluster of essays and articles that continue the work of defining the foundations and the future directions of this legal scholarship movement. As described in some of the articles within this cluster, LatCrit has had the benefit of learning valuable lessons from other slightly older schools of critical legal theory, most particularly from the Critical Race Theory ("CRT") Workshop. The LatCrit movement has been strengthened because scholars identified primarily with CRT working with and alongside scholars identified primarily with LatCrit have struggled to recognize, name and address the hetero-normativity …
Not Him, Sister's Stories & Teresita (Poems), Antoinette M. Sedillo Lopez
Not Him, Sister's Stories & Teresita (Poems), Antoinette M. Sedillo Lopez
Faculty Scholarship
No abstract provided.
Emphasizing Torts In Claims Of Discrimination Against Black Female Athletes, Alfred Dennis Mathewson
Emphasizing Torts In Claims Of Discrimination Against Black Female Athletes, Alfred Dennis Mathewson
Faculty Scholarship
In Black Women, Gender Equity and the Function at the Junction, I argued that an equality-based legal regime does not provide an adequate remedy for African-American female athletes. Instead I suggested that a tort-based regime may be more appropriate. I did so knowing that gender and racial discrimination are torts and I did not intend to suggest otherwise. They are statutory torts founded upon equality principles. What I intended was to draw more upon the general tort principles involved in an antidiscrimination action. I specifically invoked the notion of using mass tort theories. I wish to sketch a brief but …
Measuring Gender Equity, Alfred Dennis Mathewson, Robert D. Rogers
Measuring Gender Equity, Alfred Dennis Mathewson, Robert D. Rogers
Faculty Scholarship
It is our intent to provide some insight into the development of compliance plans with an eye toward a university's athletic program policy. In Part I, we explore conventional attempts to measure relative demand and its use in litigated cases. In Part II, we describe the measurement instrument we used to conduct the empirical study. Our study is distinguished from conventional efforts in two respects.2 7 First, we did not seek to measure the number of athletes with interest and ability. Rather we sought to measure the relative amounts of athletic participation that would be consumed if a university satisfied …
A Comparative Analysis Of Women's Issues: Toward A Contextualized Approach, Antoinette M. Sedillo Lopez
A Comparative Analysis Of Women's Issues: Toward A Contextualized Approach, Antoinette M. Sedillo Lopez
Faculty Scholarship
"This Article proposes a methodology for comparative analysis of women's rights using insights from critical race theory and feminism. Comparative analysis by a Western scholar must reconcile a perspective developed in the United States with respect for another culture. In discussing women's rights, lawyers, judges, students and sociologists have justified certain women's situations as an inherent aspect of culture. For example, traditional "female genital surgery" has been defended as a "mere bodily mutilation" that is the "sine qua non of the whole teaching of tribal law, religion, and morality." In Mexico, "machismo" has been justified as an immutable characteristic of …
Translating Legal Terms In Context, Antoinette M. Sedillo Lopez
Translating Legal Terms In Context, Antoinette M. Sedillo Lopez
Faculty Scholarship
This article reviews a number of Spanish/English legal dictionaries, evaluating the relative merits and features of each. Translating legal terms requires an understanding of both the legal context in which the term is used and the legal context in which the translation is intended. Thus, this review of legal dictionaries concentrates on evaluating the authors'/editors' understanding of how the terms are used in the two legal cultures, as well as in two different languages.
A Congratulatory Note, David I. Levine
Synopsis Of The Report Of The Second Circuit Task Force On Gender, Racial And Ethnic Fairness In The Courts, Jay C. Carlisle
Synopsis Of The Report Of The Second Circuit Task Force On Gender, Racial And Ethnic Fairness In The Courts, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
The recent Report of the Second Circuit Task Force on Gender, Racial, and Ethnic Fairness in the Courts (‘Taskforce‘) observes “some biased conduct toward parties and witnesses based on gender or race or ethnicity has occurred on the part of both judges and lawyers.” “Biased conduct toward lawyers based on gender or race or ethnicity, has occurred to a greater degree.” The Report concludes that such conduct is unacceptable and admonishes all participants in the Second Circuit courts to guard against it. The purpose of this Perspective is to review several sections of the Report. The Perspective is written from …
Ignoring The Sexualization Of Race: Heteronormativity, Critical Race Theory And Anti-Racist Politics, Darren Lenard Hutchinson
Ignoring The Sexualization Of Race: Heteronormativity, Critical Race Theory And Anti-Racist Politics, Darren Lenard Hutchinson
Buffalo Law Review
No abstract provided.